Case 1:19-cv-05931 Document 1 Filed 10/22/19 Page 1 of 11 PageID #: 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

Index No. 19-CV-5931

James Yi

Plaintiff,
v. COMPLAINT

DK Broadway Cleaners Inc., Broadway Nordic

Cleaners, Inc., Jong Mi Lee and Duk Won Kim

Defendants,

Plaintiff, James Yi, through his attorneys, for his Complaint against DK Broadway

Cleaners Inc., Broadway Nordic Cleaners, Inc., Jong Mi Lee and Duk Won Kim

(“Defendants”), states as follows:

NATURE OF PLAINTIFF'S CLAIMS

1. This lawsuit arises under the Fair Labor Standards Act, 29 U.S.C. §201, et. seq.

(“FLSA”), and the New York Labor Law (“NYLL”), N. Y. Lab. Law §650 et seq. for

Defendants' failure to pay overtime compensation to Plaintiff. During the course of his

employment by Defendants, Plaintiff regularly worked over ten (10) hours per day and

over forty (40) hours per week. Defendants did not pay his overtime wage properly and

they never compensated Plaintiff with the spread of hours pay. Plaintiff further alleges

that Defendants' failure to pay overtime wages is willful and intentional.

THE PARTIES

2. Plaintiff was at all times relevant hereto an employee of Defendants.

3. Plaintiff was at all times relevant hereto an individual employed in the State of

New York by Defendants.

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4. Plaintiff was at all times relevant hereto residing in the State of New York.

5. Plaintiff was at all times relevant hereto a non-exempt employee within the

meaning of the FLSA and NYLL, and the implementing rules and regulations of the

FLSA and NYLL.

6. Plaintiff is filing this FLSA claim as an individual action for himself.

7. For the period commencing from or about November 2018, until September

28, 2019, Plaintiff James Yi regularly and customarily at the specific instructions and

demand of Defendants actually performed work for Defendants in excess of ten (10)

hours per day and forty (40) hours per week.

8. Plaintiff began his work at 6:30 a.m. and ended at 6:30 to 7:00 p.m. from

Monday to Friday. On Saturdays he began his work at 8 a.m. and ended at 6 p.m. He

regularly worked more than 10 to 12.5 hours a day and about 72.5 hours per week.

9. Plaintiff was paid $1,000.00 per week in cash without overtime compensation

or spread of hours pay.

10. Plaintiff’s primary duties were greeting customers, answering phone calls,

processing creditcard payments from customers, tagging and sorting garments once

customers dropped off, bagging and processing payment.

11. Plaintiff performed for Defendants the said hours of work as an expressed

condition of his continued employment.

12. Plaintiff regularly worked more than 40 hours a week and was never paid the

proper amount of overtime wages.

13. Plaintiff performed manual labor for Defendants.

14. Plaintiff was assigned to the said manual labor by Defendants.

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15. Plaintiff was not required to possess any specialized skills in order to do the

assigned work for Defendants.

16. Plaintiff did not have to supply his own tools or equipment in connection with

his work for Defendants.

17. Plaintiff was required to report to work for Defendants at a certain time.

18. Plaintiff could not set his own hours of work for Defendants.

19. Plaintiff was not compensated at the proper overtime rate for hours worked in

excess of forty (40) hours per week.

20. Defendants, Jong Mi Lee and Duk Won Kim are and were at all relevant times

hereto engaged in the business of Dry Cleaners.

21. The defendant, DK Broadway Cleaners Inc. and Broadway Nordic Cleaners,

Inc., are and were at all relevant times hereto engaged in interstate commerce.

22. The Defendants, Jong Mi Lee (“Lee”) and Duk Won Kim (“Kim”), managed,

supervised, established and administered the terms and conditions of Plaintiff's

employment.

23. Defendants Lee and Kim participated in and approved of the unlawful pay

practices of the business DK Broadway Cleaners Inc. and Broadway Nordic Cleaners,

Inc. in New York, NY.

24. Defendants were involved in assigning work to Plaintiff.

25. Defendants had the power and authority to discipline Plaintiff.

26. Defendants exercised authority over the terms and conditions of Plaintiff's

employment and how much and the manner in which Plaintiff was paid.

27. Defendants hired Plaintiff.

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28. Defendants were in charge of paying employees.

29. Defendants told Plaintiff where to work and when to work.

30. Defendants employed Plaintiff to do work for them in the State of New York.

31. Defendants, during all relevant times, were subject to the FLSA due to the

nature of their business and revenues earned which was over $500,000.

32. Defendants provided the tools, equipment, and materials for Plaintiff to do his

job for Defendants.

33. Defendants held Plaintiff out as an employee.

34. Defendants employed and paid Plaintiff as their employee.

35. Defendants are employers within the meaning of the term as defined in the Fair

Labor Standards Act, 29 U.S.C. § 203(d), and the NYLL.

36. Defendants never obtained legal advice or counsel that their overtime pay

practices and/or policies were compliant with state and federal wage-hour laws.

37. Defendants never obtained any written guidance from the U.S. Department of

Labor concerning their pay practices and policies.

38. No exemption from overtime applies or applied to Plaintiff when he works or

worked more than 40 hours in a workweek for Defendants.

39. Defendants failed to pay Plaintiff overtime premium for all hours worked in

excess of 40 hours per workweek.

40. Defendants' failure to pay Plaintiff at the proper overtime rate was intentional

and willful.

41. Defendant DK Broadway Cleaners Inc. and Broadway Nordic Cleaners, Inc.

are New York corporations and are enterprises as defined in Section 3(r)(1) of the FSLA,

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29 U.S.C. §203(r)(I), and is an enterprise engaged in commerce or in the production of

goods for commerce within the meaning of Section 3(s)(1)(A) of FLSA 29 U.S.C.

§203(s)(1)(A).

42. Upon information and belief, DK Broadway Cleaners Inc. and Broadway

Nordic Cleaners, Inc. have been, at all relevant times, enterprises engaged in commerce

within the meaning of the FLSA in that it (i) had employees engaged in commerce or in

the production of goods for commerce and handling, selling or otherwise working on

goods or materials that have been moved in or produced for commerce by any person;

and its (ii) annual gross volume of sales or business is not less than $500,000.

43. Defendants DK Broadway Cleaners Inc. and Broadway Nordic Cleaners, Inc.

at all relevant times, were employers as defined by the FLSA and NYLL.

44. Defendants Lee and Kim are citizens of the state of New York and the owners

of Defendants DK Broadway Cleaners Inc. and Broadway Nordic Cleaners, Inc.

JURISDICTION AND VENUE

45. This Court has jurisdiction over Plaintiff's FLSA claims pursuant to 29 U.S.C.

§216(b). Venue is proper in this judicial district as all defendants are resident of the state

of New York and therefore they may be sued in any district court in the state of New

York pursuant to 28 U.S.C. § 1391. This Court has supplemental jurisdiction over

Plaintiff's state law claims pursuant to 28 U.S.C §1367.

COUNT I
FAIR LABOR STANDARDS ACT
Overtime Wages

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46. All allegations of the Complaint are expressly incorporated herein and Plaintiff

repeats and realleges each and every allegation set forth in this Complaint as though set

forth fully at length herein.

47. This count arises from Defendants' repeated violation of the Fair Labor

Standards Act, 29 U.S.C. §201. et. seq., and for their failure to pay overtime wages to

Plaintiff for all hours worked.

48. For the period commencing from or about November 2018, until September

28, 2019, Plaintiff James Yi, regularly and customarily at the specific instructions and

demand of Defendants, performed work for Defendants in excess of ten (10) hours per

day and forty (40) hours per week.

49. Plaintiff regularly worked more than 40 hours a week and was never paid the

proper amount of overtime wages.

50. Plaintiff was directed by Defendants to work and did so work, in excess of forty

(40) hours per week.

51. Pursuant to 29 U.S.C. §207, for all weeks during which Plaintiff worked in

excess of forty (40) hours, Plaintiff was entitled to be compensated at a rate of one and

one-half times his regular rate of pay.

52. Defendants did not compensate Plaintiff at a rate of one and one-half times his

regular rate of pay for hours worked in excess of forty (40) hours in individual

workweeks.

53. Defendants’ failure and refusal to pay overtime premium at one and one-half

times Plaintiff’s rate of pay for hours worked in excess of forty (40) hours per week was a

violation of the Fair Labor Standards Act, 29 U.S.C. §207.

54. Defendants willfully violated the Fair Labor Standards Act by refusing to pay
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Plaintiff overtime wages for hours worked in excess of forty (40) hours per week.

WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:

A. A judgment in the amount of one-half times Plaintiff's regular rate for all hours

which Plaintiff worked in excess of forty (40) hours per week;

B. Liquidated damages in an amount equal to the amount of unpaid overtime

compensation found due;

C. Reasonable attorney’s fees and costs incurred in filing this action; and

D. Such other and further relief as this Court deems appropriate and just.

COUNT II
Violation of NYLL - Overtime Wages

55. All allegations of the Complaint are expressly incorporated herein and Plaintiff

repeats and realleges each and every allegation set forth in this Complaint as though set

forth fully at length herein.

56. This Court has supplemental jurisdiction over the matters alleged herein

pursuant to 28 U.S.C. §1367.

57. The matters set forth in this Count arise from Defendants' violation of the

overtime compensation provisions of the 12 NYCRR §142-2.2.

58. Pursuant to 12 NYCRR §142-2.2, for all weeks during which Plaintiff worked

in excess of forty (40) hours, Plaintiff was entitled to be compensated at one and one-half

times his normal hourly rate of pay for hours worked in excess of forty (40) hours per

week.

59. Defendants failed to compensate Plaintiff's overtime wages for hours worked in

excess of forty (40) in individual workweeks.

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60. Defendants violated the NYLL overtime wage law by not compensating

Plaintiff's overtime wages for hours worked in excess of forty (40) in individual

workweeks.

61. Defendants willfully violated the NYLL overtime wage law by refusing to

compensate Plaintiff at one and one-half times his regular rate of pay for hours worked in

excess of forty (40) hours in individual workweeks.

WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:

A. A judgment in the amount of unpaid overtime wages for all hours worked

B. Pre-judgment interest pursuant to N.Y.C.P.L.R. §§ 5001, 5004;

C. Liquidated damages pursuant to the formula set forth in 19 NYLL 662;

D. Reasonable attorney’s fees and costs incurred in filing this action; and

E. Such other and further relief as this Court deems appropriate and just.

COUNT III
Spread of Hours

62. Under New York State law, the “spread of hours” is the number of hours from

the time that an employee started working on a particular day until the time that he or

she stopped working for that day. New York State law requires that an employer pay an

employee one (1) extra hour of pay at the minimum wage for each day that employee

works an interval of more than ten (10) hours.

63. Plaintiff regularly worked a “spread of hours” greater than ten (10) hours per

day.

64. Defendants never paid Plaintiff any additional compensation for working a

“spread of hours” exceeding ten (10) hours per day.

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65. Defendants knowingly and willfully failed to pay Plaintiff any additional

compensation for working a “spread of hours” exceeding ten (10) hours per day as

required by the New York State labor regulations.

WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:

A. A judgment in the amount of unpaid spread of hours for all number of days he

worked more than ten (10) hours in a day;

B. Pre-judgment interest pursuant to N.Y.C.P.L.R. §§ 5001, 5004;

C. Liquidated damages pursuant to the formula set forth in 19 NYLL 662;

D. Reasonable attorney’s fees and costs incurred in filing this action; and

E. Such other and further relief as this Court deems appropriate and just.

COUNT IV
Time of Hire Wage Notice Requirement

66. Plaintiff re-alleges and incorporates by reference all preceding paragraphs as

though fully set forth herein.

67. The NYLL requires employers to provide a written notice of the rate or rates of

pay and the basis thereof, whether paid by the hour, shift, day, week, salary, piece,

commission, or other; allowances, if any, claimed as a part of the minimum wage,

including tip, meal, or lodging allowances; the regular payday designated by the

employer; the name of the employer; any “doing business as” names used by the

employer; the physical address of employer’s main office or principal place of business,

and a mailing address if different; the telephone number of the employer. NYLL §195-

1(a).

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68. Defendants intentionally failed to provide notice to employees in violation of

New York Labor Law §195, which requires all employers to provide written notice in

the employee’s primary language about the terms and conditions of employment related

to the rate of pay, regular pay cycle and rate of overtime at their time of hire or their first

day of employment.

69. Defendants not only failed to provide notice to each employee at Time of Hire

but also failed to provide notice to plaintiff even after the fact.

70. Due to Defendants’ violations of New York Labor Law, Plaintiff is entitled to

recover from Defendants, jointly and severally, $50 for each workday that the violation

occurred or continued to occur, up to $5,000, together with costs and attorneys’ fees

pursuant to New York Labor Law §198(1-b).

WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:

A. An award of damages for Defendants’ failure to provide wage notice at the time of

hire as required under the New York Labor Law;

B. Reasonable attorney’s fees and costs incurred in filing this action; and

C. Such other and further relief as this Court deems appropriate and just.

COUNT V
Pay Stub Requirement

71. Plaintiff re-alleges and incorporates by reference all preceding paragraphs as

though fully set forth herein.

72. The NYLL and supporting regulations require employers to provide detailed

pay stub information to employees every payday. NYLL §195-1(d).

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73. Defendants have failed to make a good faith effort to comply with the New

York Labor Law with respect to compensation of plaintiff and did not provide the

paystub on or after Plaintiff’s payday.

74. Due to Defendants’ violations of New York Labor Law, Plaintiff is entitled to

recover from Defendants, jointly and severally, $250 for each workday of the violation,

up to $5,000 together with costs and attorneys’ fees pursuant to New York Labor Law

§198(1-d).

WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:

A. An award of damages for Defendants’ failure to provide pay stubs as required under

the New York Labor Law;

B. Reasonable attorney’s fees and costs incurred in filing this action; and

C. Such other and further relief as this Court deems appropriate and just.

JURY TRIAL

A jury trial is demanded on all Counts.

Respectfully submitted,

Dated: October 22, 2019

/s/ Ryan Kim

Ryan J. Kim

Ryan J. Kim, Esq.

Ryan Kim Law
163-10 Northern Blvd. Suite 205
Flushing, NY 11358
ryan@RyanKimLaw.com

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JS 44 (Rev.  CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

James Yi DK Broadway Cleaners Inc., Broadway Nordic Cleaners, Inc., Jong Mi
Lee and Duk Won Kim
(b) County of Residence of First Listed Plaintiff Queens County of Residence of First Listed Defendant Queens
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Ryan Kim
163-10 Northern Blvd. Suite 205, Flushing, NY 11358
718) 573-1111, 201) 897-8787

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Fair Labor Standard Act
VI. CAUSE OF ACTION Brief description of cause:

VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/22/2019 /s/ Ryan J Kim
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case 1:19-cv-05931 Document 1-1 Filed 10/22/19 Page 2 of 2 PageID #: 13
CERTIFICATION OF ARBITRATION ELIGIBILITY
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.

I, __________________________________________, counsel for____________________________, do hereby certify that the above captioned civil action
is ineligible for compulsory arbitration for the following reason(s):

monetary damages sought are in excess of $150,000, exclusive of interest and costs,
✔ the complaint seeks injunctive relief,

the matter is otherwise ineligible for the following reason

DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

Not known.

RELATED CASE STATEMENT (Section VIII on the Front of this Form)

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related”
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be
deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that
“Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still
pending before the court.”

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? Yes ✔ No

2.) If you answered “no” above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? Yes ✔ No

b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? ✔ Yes No

c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:______________________________.

If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
✔
:FT


















/P
Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION

I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.

✔ Yes No

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?

Yes (If yes, please explain ✔ No

I certify the accuracy of all information provided above.

/s/ Ryan J. Kim
Signature: ____________________________________________________
/DVW0RGLILHG
 Case 1:19-cv-05931 Document 1-2 Filed 10/22/19 Page 1 of 2 PageID #: 14

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District New York
__________

James Yi )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 19-cv-5931
)
DK Broadway Cleaners Inc., Broadway Nordic )
Cleaners, Inc., Jong Mi Lee and Duk Won Kim )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) DK Broadway Cleaners Inc

3767 Broadway
New York, New York, 10031

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Ryan J. Kim, Esq.
Ryan Kim Law
163-10 Northern Blvd. Suite 205
Flushing, NY 11358

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:19-cv-05931 Document 1-2 Filed 10/22/19 Page 2 of 2 PageID #: 15

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 19-cv-5931

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset

 Case 1:19-cv-05931 Document 1-3 Filed 10/22/19 Page 1 of 2 PageID #: 16

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District New York
__________

James Yi )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 19-cv-5931
)
DK Broadway Cleaners Inc., Broadway Nordic )
Cleaners, Inc., Jong Mi Lee and Duk Won Kim )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Broadway Nordic Cleaners Inc.

3656 Broadway
New York, New York, 10031

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Ryan J. Kim, Esq.
Ryan Kim Law
163-10 Northern Blvd. Suite 205
Flushing, NY 11358

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:19-cv-05931 Document 1-3 Filed 10/22/19 Page 2 of 2 PageID #: 17

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 19-cv-5931

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset

 Case 1:19-cv-05931 Document 1-4 Filed 10/22/19 Page 1 of 2 PageID #: 18

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District New York
__________

James Yi )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 19-cv-5931
)
DK Broadway Cleaners Inc., Broadway Nordic )
Cleaners, Inc., Jong Mi Lee and Duk Won Kim )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Jong Mi Lee

3656 Broadway
New York, New York, 10031

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Ryan J. Kim, Esq.
Ryan Kim Law
163-10 Northern Blvd. Suite 205
Flushing, NY 11358

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:19-cv-05931 Document 1-4 Filed 10/22/19 Page 2 of 2 PageID #: 19

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 19-cv-5931

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset

 Case 1:19-cv-05931 Document 1-5 Filed 10/22/19 Page 1 of 2 PageID #: 20

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District New York
__________

James Yi )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 19-cv-5931
)
DK Broadway Cleaners Inc., Broadway Nordic )
Cleaners, Inc., Jong Mi Lee and Duk Won Kim )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Duk Won Kim

3656 Broadway
New York, New York, 10031

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Ryan J. Kim, Esq.
Ryan Kim Law
163-10 Northern Blvd. Suite 205
Flushing, NY 11358

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:19-cv-05931 Document 1-5 Filed 10/22/19 Page 2 of 2 PageID #: 21

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 19-cv-5931

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset